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How Do I Expunge a DUI in California?
- Get a Record of Your Conviction from Court.
This is the most important piece to expunge a DUI in California. The Court record will have your date of conviction and case number.
- Check whether or not you had a probation violation
Probation Violations are important because prosecutors use it as a reason to not go along to expunge a DUI in California. Something as small as forgetting to pay a fine and having to come back can cause issues.
- Make Sure all Fines, Fees, and Obligations have been satisifed.
Most people take care of this. However, some jurisdictions require booking fees to expunge a DUI in California. These booking fees are not conditions of probation but they do affect your chances of success on an expungement.
- Be sure there are no new cases.
Having a new pending case will prevent your expungement from moving forward. Filing with a new case will only mean a rejection.
- Fill out the forms with the information from your Court record or grab professional help. .
If you went thru steps 1-4 then you should have all the pertinent information for the purpose to expunge a DUI in California. You can forms from your local courthouse or use the judicial council form cr-180/cr-181.
- File Cr-180 and C181 at Your Local Courthouse
You can take these to the courthouse and file them to expunge a DUI in California. Each courthouse has their own procedures. Some will give you a hearing date while others will tell you to watch the mailbox.
Penal Code section 1203.4 says crimes without violations shall be dismissed. However, there is an exception for DUI. Despite all DUIs being discretionery under 1203.4 the legal community carries the same line of reasoning into DUIs.
The most common reasons are a violation. The one I see most is missing out on classes.
Often times when a person has booking fees the court will not take payment. The booking fees are paid to the agency. CHP does not have booking fees. It is usually the police departments such as Anaheim or Newport.
To Expunge a DUI in California you will need your court information, check for probation violation and have the right forms.